Houey et al v. TD Bank, N.A.

Filing 41

ORDER re 40 Suggestion of Bankruptcy Upon the Record: the Court DIRECTS parties to Show Cause in writing by 4/13/2012 whether this case is subject to automatic stay pursuant to 11 U.S.C. § 362 or whether as an action brought by debtor, case may proceed in this forum simultaneously with bankruptcy proceeding. Signed by Magistrate Judge Dennis Howell on 4/2/12. (Pro se litigant served by US Mail.) (ejb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11cv225 HELEN CLIETTE HOUEY and EMMANUEL HOUEY, Plaintiffs, v. CAROLINA FIRST BANK, TD BANK Defendant. ___________________________________ ) ) ) ) ) ) ) ) ) ) ) ORDER On March 14, 2012, Defendant filed a Suggestion of Bankruptcy Upon the Record [# 40] indicating that Plaintiffs filed for bankruptcy protection with the United States Bankruptcy Court for the Western District of North Carolina, Case Number 12-40142. Accordingly, the Court DIRECTS the parties to Show Cause in writing by April 13, 2012, whether this case is subject to an automatic stay pursuant to 11 U.S.C. § 362 or whether as an action brought by the debtor, the case may proceed in this forum simultaneously with the bankruptcy proceedings. See generally, Martin-Trigona v. Champion Fed. Sav. and Loan Ass’n, 892 F. 2d 575, 577-78 (7thCir. 1989). Signed: April 2, 2012